Lehrfield v. LIBERTY MUTUAL FIRE INSURANCE COMPANY
| Moshe Lehrfield and Jennifer Lehrfield |
| LIBERTY MUTUAL FIRE INSURANCE COMPANY |
| 1:2018cv23218 |
| August 8, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Robert N Scola |
| Edwin G Torres |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
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Filing 64
ORDER of DISMISSAL from USCA. Pursuant to Appellants Jennifer Lehrfield, Moshe Lehrfield and Appellee Liberty Mutual Fire Insurance Company's motion for voluntary dismissal, FRAP Rule 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed re #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield. USCA #19-13027-HH. (apz)
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Filing 63
Clerks Notice to Filer re #62 Defendant's MOTION/APPLICATION for Writ of Execution on Moshe &/or Jennifer Lehrfield, 1310 NE 173rd Street, Miami, Florida 33162 . WRIT OF EXECUTION FORM DC11 NOT INCLUDED WITH MOTION (asl)
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Filing 62
Defendant's MOTION/APPLICATION for Writ of Execution on Moshe &/or Jennifer Lehrfield, 1310 NE 173rd Street, Miami, Florida 33162 by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Smith, Burks)
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Filing 61
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #44 Notice of Appeal, Appeal No. 19-13027-HH. The entire record on appeal is available electronically. (hh)
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Filing 60
Final Judgment as to Attorneys Fees and Costs. Fees awarded to Liberty Mutual Fire Insurance Company against Moshe Lehrfield and Jennifer Lehrfield, granting #58 Defendant's MOTION for Judgment (Final) for Fees and Costs filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY. Signed by Judge Robert N. Scola, Jr on 12/4/2019. See attached document for full details. (pcs)
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Filing 59
JUDGMENT in favor of LIBERTY MUTUAL FIRE INSURANCE COMPANY against Jennifer Lehrfield, Moshe Lehrfield Signed by Judge Robert N. Scola, Jr on 12/4/2019. See attached document for full details. (pcs)
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Filing 58
Defendant's MOTION for Judgment (Final) for Fees and Costs by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Smith, Burks)
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Filing 57
Appeal Reinstated USCA Case Number:19-13027-HH for #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield. (hh)
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Filing 56
Order Adopting in Part the Magistrates Report And Recommendations, Granting #41 Notice (Other) filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY ; Granting #46 Motion for Attorney Fees; Affirming and Adopting #55 Report and Recommendations. Certificate of Appealability: No Ruling Signed by Judge Robert N. Scola, Jr on 11/18/2019. See attached document for full details. (pcs)
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Filing 55
REPORT AND RECOMMENDATIONS re #46 Defendant's MOTION for Attorney Fees and Motion For Costs Under Fla. Stat. Section 768.79, #41 Bill of Costs:Recommending Motions be GRANTED and fee and cost judgment entered; Objections to R&R expedited and due by 11/6/2019. Signed by Magistrate Judge Edwin G. Torres on 10/30/2019. See attached document for full details. (EGT)
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Filing 54
ORDER of DISMISSAL from USCA for want of prosecution because the appellant Jennifer Lehrfield and Moshe Lehrfield failed to file an appendix within the time fixed by the rules re #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield. USCA #19-13027-HH. (apz) (APPEAL REINSTATED BY USCA ON 12/3/19) Text Modified on 12/3/2019 (hh).
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Filing 53
Appeal Reinstated USCA Case Number:19-13027-HH for #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield. (hh)
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Filing 52
ORDER of Dismissal of USCA, DISMISSED for want of prosecution because the appellant Jennifer Lehrfield and Moshe Lehrfield has failed to file an appellant's brief within the time fixed by the rules as to #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield, USCA # 19-13027-HH (hh) (APPEAL REINSTATED BY USCA ON 9/24/19) Text Modified on 9/24/2019 (hh).
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Filing 51
PAPERLESS ORDER granting in part #48 Motion for Extension of Time to File Response to Motion for Attorneys' Fees, through the time period requested 10/7/2019. The motion is Granted but only conditioned on strict compliance with the requirements of Local Rule 7.3 by 10/2/2019. As the response demonstrates, Defendant has attempted on multiple occasions to communicate with Plaintiff's counsel to adhere to the requirements of Local Rule 7.3, to no avail. Failure to comply with those requirements may result in the motion for fees being granted by default as a sanction. To cure such non-compliance, Plaintiff may file the written response by 10/7/2019, which must include certification of compliance as per this Order and the Local Rule. Signed by Magistrate Judge Edwin G. Torres on 9/20/2019. (EGT)
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Filing 50
RESPONSE in Opposition re #48 Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #46 Defendant's MOTION for Attorney Fees, Motion For Costs Not Recoverable Under U.S.C. Section 1920 But Recoverable Under Fla. Stat. Section 768.79, and Incorporated filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY. Replies due by 9/25/2019. (Smith, Burks)
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Filing 49
Clerks Notice to Filer re #48 Plaintiff's MOTION for Extension of Time to respond to Defendant's motion for Attorney's Fees and Motion for costs. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Filing 48
Plaintiff's Motion for Extension of Time to File Response/Reply/Answer as to #46 Defendant's MOTION for Attorney Fees , Motion For Costs Not Recoverable Under U.S.C. Section 1920 But Recoverable Under Fla. Stat. Section 768.79, and Incorporated Memorandum of Law by Moshe Lehrfield. Responses due by 10/1/2019 (Yanofsky, Stuart) Modified Relief on 9/18/2019 (ls).
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Filing 47
ORDER REFERRING #46 Defendant's MOTION for Attorney Fees , Motion For Costs Not Recoverable Under U.S.C. Section 1920 But Recoverable Under Fla. Stat. Section 768.79, and Incorporated Memorandum of Law filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Motions referred to Judge Edwin G. Torres.) Signed by Judge Robert N. Scola, Jr on 9/4/2019. See attached document for full details. (jao)
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Filing 46
Defendant's MOTION for Attorney Fees , Motion For Costs Not Recoverable Under U.S.C. Section 1920 But Recoverable Under Fla. Stat. Section 768.79, and Incorporated Memorandum of Law by LIBERTY MUTUAL FIRE INSURANCE COMPANY. Responses due by 9/17/2019 (Smith, Burks)
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Filing 45
Acknowledgment of Receipt of NOA from USCA re #44 Notice of Appeal, filed by Jennifer Lehrfield, Moshe Lehrfield. Date received by USCA: 8/8/19. USCA Case Number: 19-13027-HH. (hh)
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Filing 44
Notice of Appeal as to #40 Order on Motion in Limine, Order on Motion for Summary Judgment by Jennifer Lehrfield, Moshe Lehrfield. Filing fee $ 505.00 receipt number 113C-11886556. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit)(Yanofsky, Stuart)
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Filing 43
NOTICE of Attorney Appearance by Stuart Barry Yanofsky on behalf of Jennifer Lehrfield, Moshe Lehrfield (Yanofsky, Stuart)
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #44 Notice of Appeal. Notice has been electronically mailed. (hh)
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Filing 42
PAPERLESS ORDER referring the Defendants' notice of filing bill of costs #41 to United States Magistrate Judge Edwin G. Torres for either an order or report and recommendations, consistent with 28 U.S.C. 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of the Local Magistrate Judge Rules. Signed by Judge Robert N. Scola, Jr. (zlz)
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Filing 41
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY of Filing Bill of Costs and Memorandum in Support (Smith, Burks)
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Filing 40
ORDER denying as moot #39 Motion in Limine; granting #33 Motion for Summary Judgment. Closing Case. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (zlz)
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Filing 39
Defendant's MOTION in Limine and Incorporated Memorandum of Law by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Smith, Burks)
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Filing 38
REPLY to Response to Motion re #33 Defendant's MOTION for Summary Judgment filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Smith, Burks)
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Filing 37
NOTICE by Jennifer Lehrfield, Moshe Lehrfield re #34 Response in Opposition to Motion Filing Exhibit (Attachments: #1 Exhibit) (Yanofsky, Stuart)
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Filing 36
Notice of Supplemental Authority re #33 Defendant's MOTION for Summary Judgment by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Attachments: #1 Exhibit Report-21st Century) (Smith, Burks)
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Filing 35
NOTICE of Filing by Jennifer Lehrfield, Moshe Lehrfield (Attachments: #1 Affidavit) (Yanofsky, Stuart) Modified text on 5/20/2019 (vmz).
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Filing 34
RESPONSE in Opposition re #33 Defendant's MOTION for Summary Judgment filed by Jennifer Lehrfield, Moshe Lehrfield. Replies due by 5/23/2019. (Yanofsky, Stuart)
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Filing 33
Defendant's MOTION for Summary Judgment by LIBERTY MUTUAL FIRE INSURANCE COMPANY. Responses due by 5/16/2019 (Smith, Burks)
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Filing 32
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY of Defendant's Expert Disclosures (Attachments: #1 Exhibit Expert Disclosure Documents) (Smith, Burks)
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Filing 31
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY That Parties Do Not Consent to Proceed Before a United States Magistrate Judge (Smith, Burks)
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Filing 30
NOTICE by Jennifer Lehrfield, Moshe Lehrfield . Attorney Stuart Barry Yanofsky added to party Jennifer Lehrfield(pty:pla), Attorney Stuart Barry Yanofsky added to party Moshe Lehrfield(pty:pla). (Yanofsky, Stuart)
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Filing 29
MEDIATION REPORT by John W. Salmon. Disposition: Case did not settle.(Salmon, John)
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Filing 28
ORDER Scheduling Mediation before John W. Salmon Mediation Hearing set for 3/27/2019 Signed by Judge Robert N. Scola, Jr on 1/31/2019. See attached document for full details. (vmz)
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Filing 27
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY re #24 Notice of Mediator Selection and/or Hearing Amended Notice of Mediation Conference (as to date only) (Smith, Burks)
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Filing 26
STATUS REPORT (Joint) by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks)
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Filing 25
ORDER Scheduling Mediation before John W. Salmon, Esq. Mediation Hearing set for 3/5/2019 Signed by Judge Robert N. Scola, Jr on 11/14/2018. See attached document for full details. (vmz)
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Filing 24
NOTICE of Mediator Selection and Hearing. Added John W. Salmon. Mediation Hearing set for 3/5/2019 at 2:00 p.m.. (Smith, Burks)
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Filing 23
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY of Offer of Judgment/Proposal for Settlement to Mosch Lehrfield (Smith, Burks)
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Filing 22
NOTICE by LIBERTY MUTUAL FIRE INSURANCE COMPANY of Offer of Judgment/Proposal for Settlement to Jennifer Lehrfield (Smith, Burks)
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Filing 21
Clerks Notice to Filer re #20 Certificate of Interested Parties/Corporate Disclosure Statement. Parties; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (vmz)
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Filing 20
Certificate of Interested Parties by Jennifer Lehrfield, Moshe Lehrfield (Faenza, Tara)
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Filing 19
PAPERLESS ORDER: The Court strikes the Plaintiff's Rule 26 initial disclosures 18. The Local Rules specifically provide that "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas." S.D. Fla. L.R. 26.1(b). Therefore, for the same the reason the Defendant's initial disclosures were stricken last month, the filing of these materials at this time is improper. Signed by Judge Robert N. Scola, Jr. (zlz)
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Filing 18
"STRICKEN per Order DE# 19 "Plaintiff's SCHEDULING REPORT - Rule 26(f) by Jennifer Lehrfield, Moshe Lehrfield (Faenza, Tara) Modified text on 10/16/2018 (lh).
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Filing 17
PAPERLESS ORDER: The Court strikes Defendant's Rule 26 initial disclosures #16 . The Local Rules specifically provide that [i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas. S.D. Fla. L.R. 26.1(b). Therefore, the filing of these materials at this time is improper. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Reset Hearings Jury Trial set for 9/3/2019 before Judge Robert N. Scola Jr.. per order #15 (mr1) |
| Filing 16 STRICKEN per Order DE# 17 -Initial Disclosure(s) of Rule 26(a)(1) by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks) Modified text on 9/14/2018 (lh). |
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Filing 15
Scheduling Order And Order Of Referral To Mediation: (Jury Trial set for 9/3/2018 before Judge Robert N. Scola Jr.., Calendar Call set for 8/27/2019 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. (Mediation Deadline 5/16/2019.). Signed by Judge Robert N. Scola, Jr on 9/13/2018. See attached document for full details. (jas)
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| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks) |
| Filing 13 Defendant's ANSWER and Affirmative Defenses to Amended Complaint by LIBERTY MUTUAL FIRE INSURANCE COMPANY. (Smith, Burks) |
| Filing 12 Notice of Entry of Parties Listed on #10 Amended Complaint into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Jennifer Lehrfield and Jennifer Lehrfield.. Attorney Tara Elizabeth Faenza added to party Jennifer Lehrfield(pty:pla). (Faenza, Tara) |
| Filing 11 Clerks Notice to Filer re #10 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties. (lbc) |
| Filing 10 First AMENDED COMPLAINT against Moshe Lehrfield, filed by Moshe Lehrfield.(Faenza, Tara) |
| Filing 9 Notice of Entry of Parties Listed on #8 Certificate of Interested Parties/Corporate Disclosure Statement, 7 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, #4 Certificate of Interested Parties/Corporate Disclosure Statement, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Edwin G. Torres [Mediator]. (Smith, Burks) |
| Filing 8 Certificate of Interested Parties/Corporate Disclosure Statement by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks) |
| Filing 7 Clerks Notice to Filer re #4 Certificate of Interested Parties/Corporate Disclosure Statement,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties/mediator. (vmz) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 8/9/2018. See attached document for full details. (mdc)
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Filing 5
Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 8/9/2018. See attached document for full details. (vmz)
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| Filing 4 Certificate of Interested Parties/Corporate Disclosure Statement by LIBERTY MUTUAL FIRE INSURANCE COMPANY identifying Corporate Parent Liberty Mutual Group, Inc., Corporate Parent LHMC Massachusetts Holdings, Inc. for LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks) |
| Filing 3 Notice of NO Pending, Refiled, Related or Similar Actions by LIBERTY MUTUAL FIRE INSURANCE COMPANY (Smith, Burks) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lh) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-10889202, filed by LIBERTY MUTUAL FIRE INSURANCE COMPANY, a foreign corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court File, #3 Exhibit Complaint, #4 Exhibit Property Appraiser Information, #5 Exhibit Notice of Filing Notice of Removal)(Smith, Burks) |
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